Quote:
Originally Posted by codeman671
Not trying to be critical of the OP here, but in general I think adverse possession is BS. If you own the land you own the land, nobody should be able to stake claim on it just because they have been using it for years, possibly without your knowledge.
We looked at a place on Loon Cove years back, the owners had passed away and the property was owned by the heirs who did not live in the area, who were trying to sell. There was a small dock in the back of the cove on this particular parcel that was being used by someone across the street. I was told, according to the realtor that the person across the street claims they had been given permission many years ago to use the dock and there was some sort of handshake agreement. The person was planning on claiming adverse possession should the property have sold, and it would have turned into a legal battle. To top it off, the person across the street I was told was in town politics.
We ended up passing. Didn't need the BS, or the scorn going forward if we fought it and won.
We recently purchased a small vacant island lot. It hasn't been used in years due to health issues with the previous owner. Luckily all of the abutters purchased recently as well, as we'd possibly be dealing with people thinking it was their "open space" 
When you are buying property, especially in tight quarters it is important to get a survey. We are having ours done as soon as ice is out. All corners are clearly marked on it already and we were clear when we bought it what was what, as we did the shoreland plan as part of the purchase. The lines were shot as part of this, just not staked off.
Some states require a survey as part of the purchase process. I believe when my parents sold a home in VA a while back they had to complete one prior to closing. |
Would it make a difference if someone else was paying the taxes for over 20 years?? In order that adverse possession ripen into legal title,
nonpermissive use by the adverse claimant that is actual, open and notorious, exclusive, hostile, and continuous for the statutory period must be established. All of these elements must coexist if title is to be acquired by adverse possession. The character, location, present state of the land, and the uses to which it is put are evaluated in each case. The adverse claimant has the burden of proving each element by a preponderance of the evidence.